Can I sue for personal injury 6 years after a car accident? 55 Answers as of February 20, 2012

Virginia law on personal injuries requires that a claim be filed within two years of the date of the accident. This time limit is known as the statute of limitations. You actually have to have a lawsuit filed within the appropriate time period in order to preserve your claim. There are a few exceptions to the limitations period. One is where the victim is a child under the age of 18. In Virginia, the child does not have to file his or her claim before the age of 18. The law then provides that the statute of limitations period begins to run at the 18th birthday. So children have until their 20th birthday to file suit. One exception to this exception is that if the child has been legally emancipated, the period runs from the date of emancipation. You should contact an experienced accident attorney to go over the facts of your situation and explore what can be done.

Sorry to hear you were in a crash. Unfortunately, the typical statute of limitations for an auto crash in NY is 3 years from the date of the crash. You may be time barred, however, your children are considered minors until they reach the age of majority, or 18 years old. So, your children would have 3 years from the date of their 18th birthday to bring a lawsuit, or their 21st birthday. You need to go see an attorney immediately as your children likely can still be compensated. Good luck.

Check your State's statute of limitation for personal injuries. In Indiana it is two years from date of accident.

There is a legal theory called "Statute of Limitations" which restricts the time after an event that a person can file a civil suit. Statutes vary for each state but in Washington state, a lawsuit must be filed within three years of the date that the injury accident occurred.

Probably yes. The statute of limitations for a person under eighteen years of age does not even begin to run until they turn eighteen. And then they have three years (with some exceptions). I wool love to look into these claims! Call a lawyer!

I am sorry your children are having a hard time. There is potential to sue for the minors. We would need to evaluate the injuries and the statute issues. Call an attorney right away to determine whether a claim for the children are time barred.

You personally do not have a claim because the statute of limitations for you would have expired after 2 years. However, for minors under the age of 18, the statute of limitations does not begin to run until their eighteenth birthday, so they would have until the eve of their 20th birthday to file a lawsuit. There are exceptions to this rule, which would include a personal injury claim against a governmental entity. You should immediately contact an attorney for assistance in handling your children's claims.

there is a 3 year limitation on most actions. You should consult with an attorney in your area

The normal Georgia statute of limitations for filing a lawsuit for personal injuries as a result of an automobile wreck is 2 years. However that rule is for adults. For children the rule is different. Minor children can bring a lawsuit even up to 2 years after they reach the age of majority. You can still bring the suit on behalf of the children as guardian before then. Do not wait long as witnesses will disappear and evidence will go missing. Be aware that certain damages such as medical expenses may be ruled to be the responsibility of the adult parents, not the children, and might be barred by the statute of limitations already. Get a lawyer experienced in auto accident claims immediately. Do not wait any longer. The case may already have been damaged by the delay.

A childs statute of limitations does not begin to start until they have reached the age of an adult. However, parents must sue within 2 years of the accident to collect any medical bills that were spent on the medical bills. Therefore, I would recommend contacting an attorney immediately to learn more about your childrens rights to collect against the person that caused the accident.

This depends on what state the accident happened in, and how old the claimants are. If it is Montana, we have a 3 year statute of limitation for adults. The children have 3 years from when they turn 18 to have a claim settled.

In Louisiana, you have one year from the date of the accident to settle your claim or to file a lawsuit against the responsible party. Your case has prescribed against the tortfeasor (i.e., the liable party) since it has been 6 years from the date of the accident. Thanks for your inquiry and good luck to you and your family.

I'm afraid the answer is probably no, but I suggest you speak to a personal injury lawyer in your area immediately to discuss the details of your case. There are exceptions to the usual four year statute of limitations, and it is possible (not likely, but possible) that one may apply to your situation. A lawyer can ask you more specific questions and determine if any of the exceptions may apply. F

The statute of limitations for a car accident is 2 years, unless it involves a minor. A minor has 2 years from when they turn 18 years of age.

The statute of limitations in Montana is 3 years for torts. If it is under your own insurance because it was Uninsured Motorist claim or another insured was at fault for instance an inter-family tort say the father was driving and the accident was his fault and the children were injured then there could be a contract claim in which case the statute could be considered 8 years under contract, unless the insurance policy limits the contract statute otherwise. We would need to look into the facts of the situation.

As long as your children are currently under the age of 21, they can still sue for personal injury.

A minor has until his twentieth birthday to file a lawsuit for personal injuries. In other words the two years statute of limitations does not begin to run for a minor until his or her eighteenth birthday.

If your children are under the age of 18, then absolutely you can bring a claim. Time limits for filing injury claims arising from an auto accident do not commence until the person reaches age 18. However, do not wait and get qualified injury help today.

The statute of limitations on a personal injury cases is 2 years in Oregon. That is extended in the case of minors up to the age of 18 plus one year, but no longer than five years from the date of the tort limit (7 years). See ORS 12.160(1). You should seek the help of personal injury attorney to determine if your children are still able to sue for their injuries.

The statute of limitations in New York to bring an a lawsuit involving a car accident is 3 years. However if your children are minors, the statute does not run until after they reach the age of majority.

You can bring an action for your minor children as long as they had not attained the age of 20 years. You cannot bring any claim for yourself because there is a two-year statute of limitations which has long since run. You should consult an experienced personal injury attorney as soon as possible.

The statute of limitations is 3 years, but minors have different rules. So, the answer is maybe.

As long as the two kids are still minors or recently turned 18 you can sue. Issue is who was at fault in accident and did other driver have insurance.

The statute of limitations for an adult is two years for personal injury from a car accident. Thus, the adults no longer have a claim. The minors limitation period does not commence until they turn 18 and therefore have until they turn 20 to file a suit. You should retain an attorney that handles car accident cases and they can explain the details of the foregoing to you.

No. You had 4 years to file.

The children can file.

Your children may have a claim for damages that survives.

Normally in Massachusetts you have a 3 year statute of limitations to file a complaint in court, or your claim is forever barred. However, this rule applies slightly differently with children under 18 (I am not sure how old your two children are). The three year statute does not begin to run until the child's 18th birthday (when he or she becomes of majority age). This means that they can still make a claim for pain and suffering until they turn 21. If they are younger than that, it is not too late!

Your children may still have a viable claim. It would depend on a lot of factors, including how old they were when they were injured and how old they are now. You should speak to an attorney asap.

Typically in Florida the statute of limitations is 4 years. If a birth injury, the time is extended for a child. In an auto accident, the likelihood is the statute ran, but you should ask a lawyer to be sure there are not facts that might give you a claim (a product defect, for example).

Depending on the age of your children, you may still be able to file suit and recover compensation for your children's injuries. You should contact an attorney right away.

Whether the claims for your children's injuries are still viable depends on whether or not they have reached the age of majority.

In Utah, there is a 4-year statute of limitations for injuries caused by negligence. However, if the injured person is a minor, the statute of limitations does not begin to run until the injured person has reached age 18. Therefore, your claim is barred by the statute of limitations, and your two injured kids have until 4 years after they reach age 18. You should move as quickly as possible on this. You will need an attorney.

The kids are not barred from filing suit until 3 years after their 18th birthday. However, this is a tricky enough issue that you should consider contacting a personal injury attorney to make sure those claims can still be made (i.e., your child was 15 years old or older when the collision happened).

You may file suit anytime before the children reach the age of 20.

Minor children have the statute of limitations tolled while they are minors. So it depends how old they are now.

Generally speaking, if your children were minors when they were injured, then the 3-year statute of limitations in which suit must be filed doesn't end until the children are 21 years old. The parents' claims for medical expenses had to be filed within 3 years of the wreck, so those claims are likely lost, but the children may still have claims. You should consult an attorney with experience in personal injury claims.

The statute of limitations for an andult is three years. For a minor, the time is extended. So, if your children are still under the age of 18, you can bring a claim on their behalf.

The statute of limitations in Florida for simple negligence (which includes automobile accidents) is four (4) years.

The kids have one year from the time they turn 18, its too late for the parents.

Yes, you can sue after this period of time but only for the children. They do not have a statute of limitations in negligence actions until two years after reaching the age of majority. See a lawyer immediately.